Article 46B Recall of licenseesF1

(1)

In this Article —

“P” means a person who has been released on licence under Article 46;
“the Commissioners” and “the Department” have the meanings given in Article 46(1).

(2)

The Department may revoke P’s licence and recall P to detention—

(a)

if recommended to do so by the Commissioners, or

(b)

without such a recommendation, if it appears to the Department that it is expedient in the public interest to recall P before such a recommendation is practicable.

(3)

P—

(a)

shall, on P’s return to detention, be informed of the reasons for the recall and of the right conferred by sub-paragraph (b); and

(b)

may make representations in writing to the Department with respect to the recall.

(4)

The Department shall refer P’s case to the Commissioners.

(5)

Where on a reference under paragraph (4) the Commissioners direct P’s immediate release on licence under Article 46, the Department shall give effect to the direction.

(6)

The Commissioners shall not give a direction under paragraph (5) unless they are satisfied that it is no longer necessary for the protection of the public from serious harm that P should be detained.

(7)

On the revocation of P’s licence, P shall be liable to be detained in pursuance of P’s sentence and, if at large, shall be treated as being unlawfully at large.

Annotations

Textual amendments

F1: Arts. 46-46B substituted for art. 46 (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 10(3), 15(1) (with s.10(5)-(9))

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 2003/137